SB 1257 — impaired persons; court-ordered stabilization

BillSenate Number:Engrossed impaired persons;

S.B.court-ordered stabilization State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1257 AN ACT AMENDING SECTIONS 36-501 AND 36-526, ARIZONA REVISED STATUTES;

1257AMENDING LeachTITLE Floor36, AmendmentCHAPTER Reference18, to:ARIZONA REVISED STATUTES, BY ADDING ARTICLE 5;

printedRELATING billTO AmendmentSUBSTANCE draftedABUSE. by:

Leg(TEXT CouncilOF FLOORBILL AMENDMENTBEGINS EXPLANATIONON •NEXT RequiresPAGE) an- impairedi person- whoS.B. is involuntarily detained for stabilization to be informed by the appointed attorney of the right to a hearing to determine whether the person should be detained for stabilization and to be represented by an attorney at the hearing.

•1257 SpecifiesBe thatit theenacted requirementby thatthe anLegislature evaluationof agency prepare an impaired person's release plan in conjunction with the communityState treatmentof agencyArizona: is as applicable.

• Makes technical changes.

Amendment explanation prepared by Kaytie Sherman 03/05/2025 Fifty-seventh Legislature Leach First Regular Session S.B.

1257 LEACH FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.

1257 (Reference to printed bill) Amendment instruction key:

[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.

[Green underlining in brackets] indicates text added to new session law or text restoring existing law.

[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

"Criminal history" means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a Senatedetermination Amendmentsthat the person has been found incompetent to S.B.stand trial pursuant to section 13-4510.

1257 determination that the person has been found incompetent to stand trial pursuant to section 13-4510.

(ii)- Without1 hospitalization- willS.B. result in serious physical harm or serious illness to the person.

1257 (ii) Without hospitalization will result in serious physical harm or serious illness to the person.

An evaluation may be conducted on an inpatient -2-basis, Senatean Amendmentsoutpatient basis or a combination of both, and every reasonable attempt shall be made to S.B.conduct the evaluation in any language preferred by the person.

1257 basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person.

(b)- A2 facility- thatS.B. is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that has been approved pursuant to this title to provide the services required of that facility by this chapter OR CHAPTER 18, ARTICLE 5 OF THIS TITLE.

1257 (b) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that has been approved pursuant to this title to provide the services required of that facility by this chapter OR CHAPTER 18, ARTICLE 5 OF THIS TITLE.

-3-23. Senate Amendments to S.B.

1257 23.

25.- 3 - S.B.

1257 25.

-4-30. Senate Amendments to S.B.

1257 30.

(b)- If4 not- treated,S.B. has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm.

1257 (b) If not treated, has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm.

"Psychiatric and mental health nurse practitioner" means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family -5-psychiatric Senateand Amendmentsmental tohealth S.B.nurse practitioner by the state board of nursing.

1257 psychiatric and mental health nurse practitioner by the state board of nursing.

"Records" means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral- or5 mental- healthS.B. treatment.

1257 behavioral or mental health treatment.

On presentation of the person for emergency admission, an admitting officer of an evaluation agency shall perform an examination of the person's psychiatric and physical condition and may admit the person to the agency as an emergency patient if the admitting officer finds, as a result of the examination and investigation of the application for -6-emergency Senateadmission, Amendmentsthat there is reasonable cause to S.B.believe that the person, as a result of a mental disorder, is a danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person.

1257If emergencya admission,person that there is reasonablehospitalized causepursuant to believethis thatsection, the person,admitting asofficer amay resultnotify of a mental- disorder,6 is- aS.B. danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person.

If1257 a person is hospitalized pursuant to this section, the admitting officer may notify a screening agency and seek its assistance or guidance in developing alternatives to involuntary confinement and in counseling the person and the person's family.